ACCEPTED
03-13-00585-CR
7156323
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/29/2015 6:53:14 PM
JEFFREY D. KYLE
CLERK
NO. 03-13-00585-CR
FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
IN THE COURT OF APPEALS
9/29/2015 6:53:14 PM
JEFFREY D. KYLE
FOR THE THIRD SUPREME JUDICIAL DISTRICT Clerk
AUSTIN, TEXAS
TRENT KENDALL STANLEY § APPELLANT
§
vs. §
§
THE STATE OF TEXAS § APPELLEE
APPELLANT'S SECOND MOTION FOR EXTENSION
OF TIME TO FILE MOTION FOR REHEARING AND
MOTION FOR REHEARING ACCOMPANYING
REQUEST FOR EXTENSION OF TIME
TO THE HONORABLE COURT OF APPEALS:
This motion is filed on behalf of TRENT KENDALL STANLEY by
his attorney pursuant to the Texas Rules of Appellate Procedure, Rules 49.8
and 10.5(b):
I.
Procedural History
Stanley was arrested on August 28, 2009 for the offense of driving
while intoxicated. [Clerk's Record, p. 7] He was charged with the
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misdemeanor offense of driving while intoxicated, and on that date he was
charged by information in cause number 94017 in County Court at Law
Number 112 ofHays County, Texas. [Clerk's Record, p. 8] A jury trial was
convened on March 19, 20112 at which Stanley pleaded not guilty. A jury
was selected and sworn. However, a juror failed to appear, and a mistrial
was ordered sua sponte by the court. [Clerk's Record, p. 14]
Stanley filed his pre-trial Application for Writ of Habeas Corpus
claiming a violation of jeopardy principles by the court's forcing him to
another trial. [C.R., p. 15] After a hearing on the application for writ, the
trial court entered final order denying relief on July 24, 2013. [C.R. p. 34]
The trial court entered its findings of fact and conclusions on law on August
9, 2013. [C.R. 41]
Stanley timely filed his notice of appeal. [CR, pp. 39,47] The briefs
of both parties have been submitted. This Court submitted the case on
briefs.
This Court filed its opinion denying relief on August 14, 2015.
This Court granted one previous extension of time at Appellant's
request after which the motion was due to be filed on September 28, 2015.
II.
T.R.A.P., Rule 49.8
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The last date for filing the Motion for Rehearing was September 28,
2015. However, after consulting with his client, counsel for Stanley wishes
to file a Motion for Rehearing. Rule 49.8 authorizes Mr. Stanley to seek an
extension to file his motion for rehearing "no later than 15 days after the last
date for filing the motion." This motion will be filed electronically on
September 29, 2015 which date is within 15 days after the last date for filing
the motion.
III.
T .R.A.P. Rule 10.5 (b)
(A) As previously stated, Appellant computes the deadline for filing the
Motion for Rehearing as September 28, 2015 (Monday) at the latest. This motion is filed
electronically within 15 days of that date.
(B) Appellant requests an extension to September 29, 2015.
(C) After the extension counsel was the course director and speaker for a three
day MCLE seminar in Boerne, Texas for September 23rd- 25th, 2015. Several speakers
for the State Bar Approved CLE program cancelled at the last few days before the
seminar and several speakers had failed to turn in their papers. Counsel was quite busy
making certain that the program would be performed as approved for several days up to
and including the 22nd of September. Counsel had done some briefing on the case, but
questions arose concerning the statement of facts. Counsel purchased over the internet
and email with the Clerk of Court in Hays County what was represented as a complete
record. However, upon reading it counsel found that the majority of the statement of
3
facts was not present. Therefore, on September 28th counsel drove to San Marcos, Texas
to confer with the clerk and the court reporters. The complete statement of facts was
emailed that afternoon. Counsel was able to complete the brief on the 291h.
(D) There has been one previous extension for this motion.
WHEREFORE, Appellant's counsel requests an extension of time to file his
Motion for Rehearing.
STATE OF TEXAS §
COUNTY OF BEXAR §
BEFORE ME the undersigned authority on this day personally appeared George
Scharmen who upon his oath stated that the facts contained in the foregoing Motion are
true and correct to the best of his knowledge and belief.
SIGNED and SWORN TO this th~ of September, 2015.
i2,2017
JWY'-Jy
STATE OF TEXAS
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Respectfully submitted,
315 Dwyer
San Antonio, Texas 78204
Telephone: 210-226-8021
Facsimile: 210-224-5722
State Bar No. 17727500
ATTORNEY FOR APPELLANT
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing motion
has been maile~ the Office of the District Attorney of Hays County, Texas
this the _Jjf_~y of September, 2015.
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